Price controls are not normally permitted in the State of Florida. However, in the event of a state of emergency being declared by the Governor of the State, the Mayor of Miami-Dade County, the Board of County Commissioners, the County Manager, or the Director of the Miami-Dade Police Department, both state law and county ordinance prohibit price gouging.
In such a situation, regulations come into effect which ban retailers from charging unconscionable prices for essential goods or services. An "unconscionable price" is determined by comparing the price asked during an emergency, with what was charged for the same commodity during the preceding 30-day period.
The regulations cover categories of commodities such as food, medicines, personal hygiene products, chemicals, petroleum products, lumber and household supplies, as well as the provision of services and the rental of any equipment, dwelling unit or self-storage facility likely to be in increased demand in a period of emergency.
Prior to the annual Atlantic Hurricane Season (June 1 - November 30), the period in which the County is most likely to experience an emergency, the Consumer Services Department conducts a countywide survey of the prices of essential commodities, creating a baseline from which it will investigate price-gouging complaints and prosecute offenders, if a State of Emergency is declared.
Some of the items whose average prices CSD enforcement officers document during a Price Commodities Survey  are food, ice, water, plywood, generators, flashlights, batteries, cleaning materials and pain relievers, among others.
Should a state of emergency be declared by the Governor or any Miami-Dade County official, special telephone hotlines will be established by the Consumer Services Department and/or the Attorney General's office to receive price gouging complaints.
When making purchases consumers should make sure they get receipts as these help in investigations.
Fines for price gouging offenses range from $500 to $10,000 for each violation and up to 60 days in jail. Individual consumers can also initiate their own court action which can result in three-fold compensatory damages.
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